Reports of Cases Argued and Determined in the Circuit Courts of Ohio, Volume 20Capital Print. & Publishing Company, 1900 |
Common terms and phrases
action affidavit alleged amount appears assessment authority averment cause charge circuit court Circuit-Hamilton City of Toledo claim common pleas construction contract contributory negligence council counsel court of common court of equity court say damages deed Deering Harvester Company defect Defendant in Error dower duty evidence facts fee simple filed Gibsonburg Hamilton Hamilton county held injury interest Judge judgment jurisdiction jury Kerlin Brothers land liable lien Lucas county ment mortgage motion municipal corporation negligence Ohio St opinion ordinance owner paid parties payment person petition plaintiff in error premises probate court proceedings proper purpose question railroad company railway company real estate reason received recover Revised Statutes rule Sandusky river sidewalk street supreme court sureties Tanner Term testator testified testimony thereof tion Toledo Toomey track train trial trustee verdict witness Zanesville
Popular passages
Page 632 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 388 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership...
Page 44 - It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns.
Page 648 - States, that the state appellate court erred in holding that "the scope and effect of" a certain statute did not, "in the trial of this case in the court below," deprive the appellant of its property without due process of law and of the equal protection of the law...
Page 246 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 138 - A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine.
Page 246 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Page 574 - ... acquire and convey at pleasure, all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation...
Page 40 - It shall be lawful for such corporation whenever it may be necessary in the construction of such road, to cross any road or stream of water, or to divert the same from its present location or bed, but said corporation shall, without unnecessary delay, place such road or stream in such condition as not to impair its former usefulness.
Page 630 - Where a public body or officer has been clothed by statute with power to do an act which concerns the public interest or the rights of third persons, the execution of the power may be insisted on as a duty, though the phraseology of the statute be permissive merely and not peremptory.